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WHEREAS, the California Fair Employment and Housing Act includes legal protection against <br />discrimination against persons with disabilities through zoning laws, denials of use permits, and other <br />actions authorized under the Planning and Zoning Law;3 and <br />WHEREAS, the Americans with Disabilities Act requires public entities to make reasonable <br />accommodations in policies, practices, or procedures to avoid discrimination on the basis of a disability;4 <br />and <br />WHEREAS, there is no provision in State law that allows for the consideration of the impact of <br />alcoholism or drug abuse recovery or treatment facilities on single-family neighborhoods or the <br />overconcentration of these facilities as there is for residential group home facilities; and <br />WHEREAS, many community concerns could be addressed if State agencies communicated and <br />collaborated more with local governments; and <br />WHEREAS, the League of California Cities is committed to working in partnership with the <br />Legislature and Administration to address overconcentration of alcohol and drug abuse recovery and <br />treatment facilities in residential neighborhoods while respecting important legal rights of patients and <br />legal obligations established by State and federal law. <br />RESOLVED, at the League of California Cities General Assembly, assembled at the League <br />Annual Conference on October 2, 2015 in San Jose, that the League calls for the Governor and the <br />Legislature to work with the League and other stakeholders to address the following issues: <br />1. Explore options to address overconcentration of alcohol and drug abuse recovery and treatment <br />facilities in residential neighborhoods while respecting important legal rights of patients and legal <br />obligations of public entities. <br />2. Avoid the creation of institutional settings when multiple facilities are concentrated in a single <br />location, while also reducing noise, congestion and other concerns often raised by residents in <br />residential neighborhoods. <br />3. Determine the appropriate balance between not-for-profit (including county) facilities and for-profit <br />facilities in residential neighborhoods. <br />�Il1J111�1 <br />RackLround Information on Resolution No. 2 <br />Source: City of Malibu <br />Background: <br />State law preempts local zoning regulation for licensed drug and alcohol treatment facilities. State and <br />federal anti -discrimination laws require cities to treat facilities that function as single housekeeping units <br />the same as any other "family." In many areas of the state, these facilities are impacting residential <br />neighborhoods because their concentration in certain neighborhoods tends to change the character of the <br />area from a residential neighborhood to more like a hospital and institutional zone in terms of the land use <br />impacts. <br />In order to avoid overconcentration in residential neighborhoods, most state -licensed group homes are <br />required by state law to meet certain distancing requirements from other licensed group homes. Alcohol <br />3 Government Code 12955(1) <br />4 42 U.S.C. Section 12134 <br />10 <br />